The divorce of Thomas Beatie, aka “pregnant man,” from his ex-wife Nancy is trapped in legal limbo while an Arizona judge decides if their marriage was valid in the first place.
Thomas Beatie was born a woman and underwent a sex change but retained female reproductive organs and gave birth to three children.
The couple, who married in 2003, are now trying to get divorced and work out the custody issues for their three children, plus the division of property and spousal support.
Their divorce plans were stalled when family court Judge Douglas Gerlach said in late June that he was unable to find any legal authority defining a man as someone who can give birth.
The validity of the Beatie’s marriage now hangs in the balance, as same-sex marriage is forbidden in Arizona and the state does not recognize same-sex marriages performed in other states.
Thomas and Nancy agree that they should end the marriage. “If you took away the transgender part of it, it’s a garden-variety divorce case,” said David Higgins, Nancy’s attorney.